The Bush administration is determined to extend the reach of its flawed ideology by taking over the judicial branch. To do that, it and its allies are using tactics of intimidation and false witness. The current battleground is the U.S. Senate, where Republicans are seeking to overturn historic Senate rules whereby individual members, by using the filibuster process, can demand at least 60 senators approve of a measure.
Historically, this process has been used by both parties to give time for reflection and give some protection to minority interests. The problem here is that decisions on judgeships, when flawed, cannot be corrected by an administration change, since federal judges have lifetime appointments. The current administration wants to implant its ideology beyond its time in office, a kind of grandfather clause.
If ideologically driven court decisions run counter to future thoughts on the public good, then there would be no remedy until the retirement or death of certain judges. The best way to guard against such an intractable judiciary is by choosing judges who are agreeable to a majority of the concerned parties. Actually, this has been occurring in most current judicial appointments. The Democrats are only objecting to a few candidates, whose past decisions and comments demonstrate a desire to undo many years of social advancement.
Support of the proposed Senate rule change could have negative repercussions for many years in the future, and it would give fuel for retribution when party control of the Senate changes.
John Pehek, Leeds
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